National Insurance Company Ltd vs Lokheswari Kurmi And 5 Ors
2023 Latest Caselaw 1199 Gua

                                                               Page No.# 1/4

GAHC010009532023




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : MACApp./105/2023

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD,
         BHANGAGARH, GUWAHATI



         VERSUS

         LOKHESWARI KURMI AND 5 ORS .
         W/O SRI AMERIKA KURMI,
         RESIDENT OF BARUA KHAT GAON, PO BADULIPAR PS KAMARGAON,
         DIST GOLAGHAT, ASSAM 785611

         2:SRI DIPAK SAIKIA
          S/O LATE SUNA SAIKIA

         RESIDENT OF RONGAMATI GAON

         PO BADULIPAR
         PS KAMARGAON
         DIST GOLAGHAT
         ASSAM 785614

         3:SRI BITU BAHOI
          S/O SRI RAGHU NATH BORDOLOI
         RESIDENT OF KHUMTAI
          PO KHUMTAI
          PS KAMARGAON
          DIST GOLAGHAT
         ASSAM
          785619

         4:SRI SUBH KARAN SHARMA
                                                                 Page No.# 2/4

            S/O SRI GHANSHYAM SHARMA
            RESIDENT OF HOSPITAL ROAD
            SIVASAGAR
            ASSAM 785640

            5:SRI SAMPAK TAMULI
             S/O SRI BIREN TAMULI
             RESIDENT OF BOHOTIAL GAON
             PO SALIKIN
             DIST GOLAGHAT
            ASSAM 785625

            6:UNITED INDIA INSURANCE COMPANY LIMITED
             HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24
            WHITES ROAD
             CHENNAI
            A BRANCH OFFICE AT MAIN ROAD
             MARIANI
             NEAR UBI
             DISTRICT JORHAT
            ASSAM AND ITS REGIONAL OFFICE AT CHIBBER HOUSE (ABOVE AXIS
            BANK) G.S ROAD
             DISPUR
             GUWAHATI AND REPRESENTED BY THEIR CHIEF REGIONAL MANAGER

Advocate for the Petitioner   : MS. P BORTHAKUR

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/817/2023

            NATIONAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
            MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD
            BHANGAGARH
            GUWAHATI


             VERSUS

            LOKHESWARI KURMI AND 5 ORS .
            W/O SRI AMERIKA KURMI
            RESIDENT OF BARUA KHAT GAON
                                                     Page No.# 3/4

PO BADULIPAR PS KAMARGAON
DIST GOLAGHAT
ASSAM 785611

2:SRI DIPAK SAIKIA
S/O LATE SUNA SAIKIA

RESIDENT OF RONGAMATI GAON

PO BADULIPAR
PS KAMARGAON
DIST GOLAGHAT
ASSAM 785614
3:SRI BITU BAHOI
S/O SRI RAGHU NATH BORDOLOI
RESIDENT OF KHUMTAI
PO KHUMTAI
PS KAMARGAON
DIST GOLAGHAT
ASSAM
785619
4:SRI SUBH KARAN SHARMA
S/O SRI GHANSHYAM SHARMA
RESIDENT OF HOSPITAL ROAD
SIVASAGAR
ASSAM 785640
5:SRI SAMPAK TAMULI
S/O SRI BIREN TAMULI
RESIDENT OF BOHOTIAL GAON
PO SALIKIN
DIST GOLAGHAT
ASSAM 785625
6:UNITED INDIA INSURANCE COMPANY LIMITED
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24
WHITES ROAD
CHENNAI
A BRANCH OFFICE AT MAIN ROAD
MARIANI
NEAR UBI
DISTRICT JORHAT
ASSAM AND ITS REGIONAL OFFICE AT CHIBBER HOUSE (ABOVE AXIS
BANK) G.S ROAD
DISPUR
GUWAHATI AND REPRESENTED BY THEIR CHIEF REGIONAL MANAGER.
------------
Advocate for : MS. P BORTHAKUR
Advocate for : appearing for LOKHESWARI KURMI AND 5 ORS .
                                                                        Page No.# 4/4




                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 24.03.2023

Heard Mr. R. Goswami, learned counsel for the applicant. Since the connected appeal has been admitted for hearing, it is hereby directed that the judgment and award dated 28.11.2022 passed by the learned Member, MACT, Golaghat, in MAC Case No. 35/2015 , shall remain stayed till disposal of the appeal subject to deposit of 50% of the awarded amount in the Registry of this Court by the Insurance Company/applicant within the next 6(six) weeks.

The I/A stands disposed of accordingly.

JUDGE

Comparing Assistant